REPORT  OF  COMMISSIONERS 


ON 


Proposed  Draft  of  New  City  Charter 


FOR 


City  of  Portland,  Maine 


1896 
THE   THURSTON    PRINT 

PORTLAND,  ME. 


To  the  Honorable  the  City  Council  of  the  City  of  Portland : — 

The  undersigned,  who  wen-  appointed  by  vote  of  the  City 
Council,  Commissioners  to  prepare  a  draft  of  a  new  Charter, 
respectfully  report  the  accompanying  draft,  with  the  following 
explanations  :  — 

It  has  been  the  [impose  of  the  Commissioners  to  make  no 
changes  in  the  present  Charter,  except  in  matters  where  the 
Commissioners  were  unanimously  of  the  opinion  that  better 
results  could  be  secured  by  the  changes  proposed.  The  most 
important  changes  are  the  following:  — 

1.  A  single  board  of  fourteen  Aldermen  is  established,  in- 
stead of  two  boards  as  at  present.  This  change  is  recom- 
mended by  the  Commissioners,  because  it  assimilates  the 
management  of  a  municipal  corporation  to  that  of  a  business 
corporation,  and  is  believed  to  be  in  accord  with  the  best 
thought  and  practice  in  this  matter.  The  adoption  of  two 
boards  is  an  imitation  of  our  national  and  state  form  of  gov- 
ernment, which  in  its  legislative  branch  consists  of  two  bodies, 
with  an  important  distinction  omitted  in  our  present  Charter, 
which  is,  that  the  two  bodies  shall  be  elected  by  different 
constituencies.  Our  present  boards  are  elected  by  the  same 
constituency,  and  form  no  real  check  upon  each  other.  Upon 
important  matters,  the  members  of  both  boards  meet  together, 
and  might  as  well,  so  far  as  all  practical  results  are  concerned, 
vote  together.  In  addition  to  the  above,  the  fact  that  the 
Board  of  Aldermen  are  the  municipal  officers  of  the  city,  and 
by  a  recent  law  are  vested  with  the  direction  and  control  of 
all  subordinate  city  officers,  necessarily  makes  the  Common 
Council  an  unimportant  adjunct  of  our  municipal  government. 

2.  The  Commission  recommends  that  the  time  of  holding 
the  municipal  electioi  s  be  changed  from  the  first  Monday  in 
March  to  the  second  Monday  of  December.  This  change  is 
important  in  the  interest  of  good  business  management,  as  it 
gives  opportunity  for  a  careful  preparation   of  estimates  and 


M19491 


•tl{e;ptl^age.'0.f  appropriation  bills  in  season  for  necessary  work 
to  be  commenced  early  in  the  spring,  and  not  to  be  delayed, 
as  often  occurs  in  the  present  practice  till  late  in  June. 

3.  The  Commission  recommends  that  the  Mayor  be  elected 
by  a  plurality,  instead  of  a  majority  vote.  All  state  officers 
are  now  elected  in  that  way,  and  the  requirement  of  a  major- 
ity, as  in  our  present  Charter,  is  an  anomaly.  They  also  rec- 
ommend that  the  term  of  office  of  botli  Mayor  and  Aldermen 
be  for  two  years,  one-half  of  the  latter  being  elected  annually. 
This  change  is  iii  line  with  modern  charters  and  secures  con- 
tinuity in  municipal  work. 

4.  The  Commission  recommends  a  return  to  the  former 
method  of  electing  the  members  of  the  School  Committee  at 
large,  instead  of  on  ward  tickets.  Experience  has  shown  that 
the  larger  the  constituency,  the  wider  is  the  choice,  and  the 
greater  is  the  probability  of  care  in  the  selection  of  candidates 
for  offices.  There  are  many  reasons  why  in  the  selection  of 
members  of  the  School  Board,  the  choice  should  not  be  limited 
by  ward  lines. 

5.  The  Commission  recommends  that  the  Board  of  Over- 
seers of  the  Poor  shall  be  reduced  to  seven  members,  one  of 
whom  shall  be  elected  from  each  of  the  wards.  The  reduction 
of  the  Board  from  fifteen  to  seven  members,  is  believed  to  be 
in  the  direction  of  greater  efficiency,  and  the  election  by  wards 
may  obviate  some  existing  disadvantages. 

6.  The  proposed  draft  enlarges  the  power  of  the  Mayor  in 
the  appointment  of  executive  officers,  and  gives  him  the  power 
to  appoint  the  City  Marshal,  the  Commissioner  of  Public 
Works,  the  Fire  Commissioner,  and  the  Commissioner  of  Cem- 
eteries and  Public  Grounds,  without  confirmation.  This 
change  is  believed  to  be  in  the  interest  of  better  administra- 
tion of  public  affairs,  and  is  in  line  with  modern  charters. 
Divided  responsibility  does  not  give  good  results  in  an  execu- 
tive office.  The  Mayor,  as  the  chief  executive  officer  of  the 
city,  should  have  power  commensurate  with  his  responsibility, 
in  the  selection  of  the  heads  of  important  executive  depart- 
ments. 


7.  The  Mayor  is  given  the  power  to  remove  all  officers  ap- 
pointed by  him,  for  such  cause  as  he  shall  deem  sufficient,  and 
•hall  assign  in  writing  in  his  order  for  removal,  which  is  to  be 
filed  with  the  City  Clerk  and  to  be  open  to  public  inspection. 
The  power  of  removal  is  as  important  as  the  power  of  ap- 
pointment, if  harmonious  relations  are  to  exist  between  the 
chief  executive  and  the  heads  of  executive  departments,  and 
weighty  reasons  only  would  lead  to  such  removal  among  the 
Mayor's  own  appointees. 

8.  The  Mayor  is  given  the  right  to  veto  items  in  appropria- 
tion bills,  without  being  obliged,  as  at  present,  to  veto  the 
whole  bill.  The  propriety  of  this  change  is  obvious,  and  needs 
no  detailed  explanation. 

9.  In  the  Police  Department,  the  Deputy  Marshals  are  to 
be  appointed  by  promotion  from  the  Patrolmen,  and  like  the 
latter  to  hold  office  during  good  behavior.  All  members  of 
the  force  except  the  City  Marshal  (who  is  removable  by  the 
Mayor  at  pleasure  as  at  present),  are  to  hold  office  during  good 
behavior,  but  subject  to  removal  by  the  Mayor  for  any  cause 
he  may  deem  sufficient  and  shall  assign  in  writing  in  his  order 
for  removal,  which  is  to  be  filed  with  the  City  Clerk  and  to  be 
open  to  public  inspection.  The  Commission  believes  that  the 
Mayor  should  have  the  power  of  removal  of  any  Police  Officer 
when  he  is  satisfied  that  the  best  interests  of  the  Department 
require  it,  as  he  is  made  responsible  for  the  efficiency  and  dis- 
cipline of  the  Department.  Experience  has  shown  that  the 
discipline  of  the  Police  Department  has  been  unfavorably  af- 
fected by  the  difficulty  of  removal  of  innefficient  members, 
under  the  present  law.  With  the  present  safeguards  against 
the  creation  of  vacancies  for  political  purposes  afforded  by  the 
law  requiring  appointments  to  be  made  from  a  list  certified  by 
the  Police  Examining  Board,  the  danger  of  arbitrary  removals 
is  greatly  limited.  No  good  reason  has  suggested  itself  why 
the  Deputy  Marshals  should  not  have  the  same  tenure  of  office 
as  that  of  the  men  under  them.  The  present  system  has  not 
tended  to  maintain  the  discipline  of  the  Department.  The 
Deputy   Marshals   are  looked  upon  as  temporary  men.     Pro- 


motion  from  the  ranks  will  tend  to  stimulate  individual  effort 
and  ambition. 

10.  The  Fire  Department  is  put  in  charge  of  a  Fire  Com- 
missioner, who  shall  appoint  the  Chief  Engineer  and  Assistants. 
This  change  is  in  line  with  modern  thoight  and  experience, 
which  point  to  the  conclusion  that  the  efficiency  of  a  Depart- 
ment is  increased  by  placing  it  under  a  single  responsible  head. 

11.  The  Department  of  Cemeteries  and  Public  Grounds, 
not  including,  however,  Evergreen  Cemetery,  is  placed  in 
charge  of  a  single  Commissioner,  for  the  reason  above  stated. 
If  it  is  desirable  to  make  the  change  in  Evergreen  Cemetery,  it 
may  be  done  on  application  to  the  Legislature. 

12.  No  change  is  made  in  the  law  relating  to  sidewalks  and 
to  drains  and  sewers,  the  present  law  being  deemed  satis- 
factory. 

The  Commissioners  have  examined  carefully  various  schemes 
of  proportionate  representation,  and  while  they  recognize  some 
advantages  which  attach  to  them  and  may  lead  to  the  ultimate 
adoption  of  spme  matured  plan,  they  do  not  believe  that  the 
time  is  ripe  for  so  radical  a  change,  and  have  not,  therefore, 
attempted  to  deal  with  it  in  this  report. 

Charles  F.  Libby. 

Edward  B.  Winslovv. 

Wilford  G.  Chapman. 


DRAFT  OF  PROPOSED  CITY  CHARTER. 


Sect.  1.     The  inhabitants  of  Portland  shall  continue  to  be  corporate 

Powers. 

a  body  politic  and  corporate  by  the  name  of  the  City  of  Portland, 
and  as  such,  shall  have,  exercise,  and  enjoy  all  the  rights,  im- 
munities, powers,  privileges,  and  franchises,  and  shall  bejsubject 
to  all  the  duties  and  obligations  provided  for  herein  or  other- 
wise now  appertaining  to,  or  incumbent  upon,  said  city,  or  the 
inhabitants  or  municipal  authorities  thereof ;  and  may  ordain 
reasonable  by-laws,  and  regulations  for  municipal  purposes,  and 
impose  penalties  for  the  breach  thereof,  not  exceeding  one  hun- 
dred dollars,  to  be  recovered  forLsuch  uses  as  the  Board  of 
Aldermen  may  appoint. 

Sect.  2.  The  administration  of  all  the  fiscal,  prudential,  and  Government 
municipal  affairs  of  said  city  with  the  government  thereof,  shall 
be  vested  in  the  Mayor,  as  the  chief  executive  officer,  and  a 
council  of  fourteen,  to  be  called  the  Board  of  Aldermen,  all  of 
whom  shall  be  inhabitants  of  said  city,  and  shall  be  sworn  or 
affirmed  in  the  form  prescribed  by  the  Constitution  of  the  State 
for  state  officers. 

Sect.  3.     The  city  shall  remain  divided  into  seven  wards  as 

W&rds 

they  now  exist,  and  it  shall  be  the  duty  of  the  Board  of  Alder- 
men,not  oftener  than  once  in  ten  years,to  revise,  and  if  it  be  need- 
ful, to  alter  such  wards,  in  such  manner  as  now  provided  by  law, 
as  to  preserve,  as  nearly  as  may  be,  an  equal  number  of  voters 
in  each.    In  each  of  said  wards,  at  the  annual  municipal  election, 

*■  Warden  and 

there  shall  be  chosen  by  ballot,  a  Warden  and  Clerk,  who  shall  clerk- 
hold  their  offices  for  one  year,  from  the  Monday  following  their 
election,  and  until  others  shall  have  been  chosen  and  qualified 
in  their  places.  Said  Warden  and  Clerk  shall  be  sworn  or  af- 
firmed to  the  faithful  performance  of  their  respective  duties  by 
any  justice  of  the  peace  ;  and  a  certificate  of  such  oaths  or  af- 
firmations having  been  administered  shall  be  entered  by  the 


6 

Clerk  on  the  records  of  the  ward.  The  Warden  shall  preside  at 
all  ward  meetings,  with  the  powers  of  moderators  of  town 
meetings.  If  at  any  meeting  the  Warden  shall  not  be  present, 
or  shall  refuse  to  preside,,  the  Clerk  of  such  ward  shall  call  the 
meeting  to  order  and  preside  until  a  Warden  pro  tempore  shall 
be  chosen.  If  both  are  absent,  or  shall  refuse  to  act,  a  Warden 
and  Clerk  pro  tempore  shall  be  chosen.  The  Clerk  shall  record 
all  proceedings,  and  certify  the  votes  given,  and  deliver  over  to 
his  successor  in  office,  all  such  records,  together  with  all  other 
documents  and  papers  held  by  him  in  said  capacity.  The 
voters  of  each  ward  may  choose  two  persons  to  assist  the 
Warden  in  receiving,  sorting,  and  counting  the  votes  at  all 
elections, 
island  wards.  Sect.  4.  The  several  islands  within  the  City  of  Portland, 
so  far  constitute  two  separate  wards  as  to  entitle  the  voters  of 
each  of  said  wards  to  choose  a  Warden,  Ward  Clerk,  and  one 
Constable,  who  shall  be  residents  of  said  islands  and  of  their 
respective  wards.  The  Warden  and  Ward  Clerk  shall  be 
sworn  or  affirmed  to  the  faithful  performance  of  their  duties 
and  shall  hold  office  for  one  year  from  the  Monday  following 
their  election  and  until  others  shall  have  been  chosen  and  quali- 
fied in  their  places.  The  first  of  said  wards  comprises  Long 
Island,  Crotch  Island,  Hope  Island,  Jewell's  Island,  and  Little 
Chebeague  Island,  or  such  parts  of  said  islands  as  are  within 
the  City  of  Portland,  and  the  ward  meetings  of  said  first  ward 
shall  be  held  on  Long  Island.  The  second  of  said  wards  com- 
prises the  remaining  islands  within  the  City  of  Portland,  and 
the  ward  meetings  of  said  second  ward  shall  be  held  on  Peak's 
Island.  The  electors  of  each  of  said  wards  may  meet  as  pro- 
vided in  section  forty-one  of  chapter  four  of  Revised  Statutes, 
and  also  for  the  choice  of  city  officers,  at  the  place  designated, 
and  may,  on  the  day  of  election,  vote  for  all  officers  named  in 
the  warrant  calling  the  meeting. 

Said  Warden  shall  preside  impartially  at  said  meetings,  re- 
ceive the  votes  of  all  electors  present,  sort,  count,  and  declare 
them  in  open  meeting  and  in'presence  of  the  Clerk,  who  shall 
make  a  list  of  the  persons  voted  for  with  the  number  of  votes 


for  eacli  person  against  his  name,  and  the  offices  respectively, 
and  in  open  ward  meeting  and  in  presence  of  the  Warden, 
shall  make  a  fair  record  thereof;  a  fair  copy  of  this  list  shall 
be  attested  by  the  Warden  and  Clerk,  sealed  up  in  open  meet- 
ing, and  delivered  to  the  Clerk  of  ward  number  one  in  Portland 
within  eighteen  hours  after  closing  the  polls,  and  the  votes 
thus  thrown  shall  belong  to  the  last  mentioned  ward. 

Sect.  5.     The  Ward  Clerk  of  each    ward,  within  twenty-   Duties  of 

Ward  Clerk. 

four  hours  after  any  election,  shall  deliver  to  the  persons 
elected,  in  said  ward,  certificates  of  their  election,  and  shall 
forthwith  deliver  to  the  City  Clerk  a  certified  copy  of  the  rec- 
ord of  such  election,  a  plain  and  intelligible  abstract  of  which 
shall  be  entered  by  the  City  Clerk  on  the  city  records.  If  the 
choice  of  any  such  officers  is  not  effected  on  that  day,  the 
meeting  shall  be  adjourned  to  another  day  (not  more  than  two 
days  thereafter),  to  complete  such  election,  and  may  so  adjourn 
from  time  to  time,  until  the  election  is  complete.  The  Board 
of  Aldermen  shall,  as  soon  as  conveniently  may  be,  examine 
the  copies  of  the  records  of  the  several  wards,  certified  as  afore- 
said, and  shall  cause  the  person  who  shall  have  been  elected 
Mayor  by  a  plurality  of  the  votes  given  in  all  the  wards,  to  be 
notified  in  writing  of  his  election.  But  if  it  shall  appear  that 
no  person  shall  have  been  so  elected,  or  if  the  person  elected 
shall  refuse  to  accept  the  office,  the  said  Board  shall  issue  their 
warrants  for  another  election;  and  in  case  the  citizens  shall 
fail  on  second  ballot  to  elect  a  Mayor,  the  Board  of  Aldermen 
in  convention  shall,  from  the  four  highest  candidates  voted  for 
at  the  second  election  and  returned,  elect  a  Mayor  for  the  ensu- 
ing term  of  two  years;  and  in  case  of  a  vacancy  in  the  office 
of  Mayor  by  death,  resignation,  or  otherwise,  if  such  vacancy 
occurs  before  the  last  six  months  of  said  term,  it  shall  be  filled 
for  the  remainder  of  said  term  by  a  new  election  in  the  man- 
ner hereinbefore  provided  for  the  choice  of  said  officer.  If  a 
vacancy  occurs  in  the  last  six  months  of  said  term,  the  Chair- 
man of  the  Board  of  Aldermen  shall  act  as  Mayor  for  the  unex- 
pired term,  but  shall  not  have  the  veto  power. 


Ward 

Meetings. 


Municipal 
Election. 


Election  of 
City  Officers. 


General 
Meetings. 


Sect.  6.  All  ward  meetings  shall  be  notified  and  called  by 
warrant  from  the  Mayor  and  Aldermen,  in  the  manner  pre- 
scribed by  law  for  notifying  and  calling  town  meetings  by  the 
selectmen  of  towns. 

Sect.  7.  The  municipal  election  shall  take  place  annually 
on  the  second  Monday  of  December,  and  the  municipal  year 
shall  begin  at  ten  o'clock  in  the  morning,  on  the  first  Monday 
of  January  next  following,  and  continue  until  ten  o'clock  in 
the  morning  of  the  first  Monday  of  January  next  following. 

Sect.  8.  At  said  municipal  election  the  inhabitants  of  the 
city,  voting  in  their  respective  wards,  shall  give  in  their  votes 
by  ballot  for  Mayor  and  members  of  the  Superintending  School 
Committee,  and,  in  each  ward,  for  members  of  the  Board  of 
Aldermen,  or  such  of  them  as  are  to  be  elected,  members  of 
the  Board  of  Overseers  of  the  Poor,  or  such  of  them  as  are  to 
be  elected,  a  Warden  and  Clerk  and  two  Constables  for  such 
ward.  The  person  receiving  the  highest  number  of  votes  for 
any  of  said  offices  shall  be  deemed  and  declared  to  be  elected 
to  such  office,  and  whenever  two  or  more  persons  are  to  be 
elected  to  the  same  office,  the  several  persons  up  to  the  num- 
ber required  to  be  chosen,  receiving  the  highest  number  of 
votes,  shall  be  deemed  and  declared  to  be  elected.  Members 
of  the  Board  of  Aldermen,  members  of  the  Board  of  Overseers 
of  the  Poor,  the  Warden,  Ward  Clerk,  and  Constables,  shall, 
when  elected,  be  residents  of  the  wards  electing  them.  All  city 
and  ward  officers  shall  be  held  to  discharge  the  duties  of  the 
offices  to  which  they  have  been  respectively  elected,  notwith- 
standing their  removal  after  their  election  out  of  their  respec- 
tive wards  into  any  other  wards  in  the  city  ;  but  they  shall  not 
be  so  held  after  they  have  taken  up  their  permanent  residence 
out  of  the  city. 

Sect.  9.  General  meetings  of  the  citizens  qualified  to  vote 
in  city  affairs,  may  from  time  to  time  be  held  to  consult  upon 
the  public  good,  to  instruct  their  representatives,  and  to  take 
all  lawful  measures  to  obtain  redress  of  any  grievances,  accord- 
ing to  the  right  secured  to  the  people  by  the  Constitution ;  and 
such    meeting   shall  be  called  by  the   Mayor    and   Aldermen 


upon  requisition  of  sixty  qualified  voters.  The  City  Clerk 
shall  act  as  clerk  of  such  meetings,  and  record  the  proceedings 
upon  the  city  records. 

Sect.  10.  The  qualified  voters  of  said  city  shall,  at  the  Election 
first  annual  election  held  under  this  act,  give  in  their  votes  in  of  Mayor, 
their  respective  wards  for  one  able  and  discreet  person,  being 
an  inhabitant  of  the  city,  to  be  Mayor  for  the  term  of  two 
years  from  the  first  Monday  in  January  following  his  election, 
and  until  his  successor  is  chosen  and  qualified.  At  said  first 
municipal  election   held    under  this  act,  two   members  of  the  Election  of 

1  Aldermen. 

Board  of  Aldermen  from  each  ward  shall  be  elected  by  and  from 
the  voters  of  each  ward,  one  to  serve  for  the  term  of  one  year, 
and  one  to  serve  for  the  term  of  two  years,  beginning  with  the 
first  Monday  in  January  next  ensuing,  and  thereafter  one 
member  of  the  Board  of  Aldermen  from  each  ward  shall  be 
elected  by  and  from  the  voters  of  each  ward,  at  each  annual 
municipal  election  to  serve  for  the  term  of  two  years,  begin- 
ning with  the  first  Monday  in  January  next  ensuing.  The 
qualified  voters  of  each  ward  shall  also  elect  at  each  annual 
election  a  Warden,  Ward  Clerk  and  two  Constables,  all  to  serve 
for  the  term  of  one  year,  beginning  with  the  Monday  following 
their  election  and  until  their  successors  are  elected.  Vacancies 
for  an  unexpired  term  in  the  Board  of  Aldermen  may  be  filled 
at  any  election  in  the  same  manner  that  new  members  are 
elected. 

Sect.  11.     At  the  first  annual  election  held  under  this  act  Ejection 

of  bchool 

the  qualified  voters  of  said  city  shall  give  in  their  votes  for  committee, 
seven  members  of  the  School  Committee,  four  of  whom  shall 
serve  for  the  term  of  two  years,  and  three  for  the  term  of  one 
year,  beginning  with  the  first  Monday  in  January  next  ensu- 
ing, and  thereafter  at  the  municipal  election  for  each  year  the 
qualified  voters  of  said  city  shall  elect  such  a  number  of  mem- 
bers of  the  School  Committee  as  shall  be  necessary  to  fill  the 
places  of  those  whose  terms  of  office  shall  expire  in  that  year, 
to  serve  for  the  term  of  two  years  beginning  with  the  first 
Monday  in  January  then  next  ensuing.  Vacancies  for  an  un- 
expired term  may  be  filled  at  any  election  in  the  same  manner 
that  new  members  are  elected, 


10 


Election  of 
Overseers 
of  the  Poor. 


Powers  of  the 
Mayor. 


Sect.  12.  The  Board  of  Overseers  of  the  Poor  of  the  City 
of  Portland  shall  consist  of  seven  persons.  At  the  first  an- 
nual election  under  this  act  a  member  of  said  board  shall  be 
elected  in  each  ward,  who  shall  be  a  resident  of  the  ward  in 
which  he  is  elected  ;  those  elected  in  wards  one,  two,  five  and 
six  to  serve  for  the  term  of  two  years  and  those  elected  in 
wards  three,  four  and  seven  to  serve  for  the  term  of  one  year 
beginning  with  the  first  Monday  of  January  following  their 
election,  and  until  their  successors  are  elected  and  qualified  ; 
and  thereafter  at  each  annual  election  such  a  number  of  over- 
seers shall  be  elected  to  serve  for  the  term  of  two  years,  be- 
ginning with  the  Monday  following  their  election,  as  shall  be 
necessary  to  fill  the  places  of  those  whose  term  of  office  shall 
expire  in  that  year. 

Sect.  13.  In  case  of  a  vacancy  in  said  Board  of  Overseers 
of  the  Poor,  the  Board  of  Aldermen  shall  elect  by  ballot,  some 
person,  resident  in  the  ward  in  which  the  vacancy  occurred, 
to  hold  office  until  the  next  annual  election,  when  the  unex- 
pired term,  if  any,  shall  be  filled  as  provided  in  section  twelve 
of  this  act. 

Sect.  14.  The  Mayor  shall  be  the  chief  executive  officer  of 
the  corporation  of  the  City  of  Portland ;  shall  be  vigilant  and 
active  at  all  times  in  causing  the  laws  for  the  government  of 
the  city  to  be  duly  executed  and  put  in  force  ;  shall  from  time  to 
time  communicate  to  the  Board  of  Aldermen  such  information 
and  recommend  such  measures  as  the  interests  of  the  city  may 
require  ;  shall  preside  at  all  meetings  of  the  Board  of  Aldermen 
but  shall  have  a  casting  vote  only  ;  shall  be  compensated  for 
his  services  by  a  salary  to  be  fixed  by  the  Board  of  Aldermen, 
payable  at  stated  periods  and  shall  receive  therefor  no  other 
compensation,  which  salary,  however,  shall  not  be  increased  or 
diminished  during  his  term  of  office  ;  shall  appoint  the  follow- 
ing named  officers  for  the  terms  hereinafter  specified,  beginning 
with  the  first  day  of  Februarj'-  in  the  year  of  appointment  and 
until  their  successors  are  appointed  (or  confirmed  where  con- 
firmation is  required)  viz.:  —  a  City  Marshal  for  the  term  of  one 
year,  a  Commissioner  of  Public  Works,  a  Fire  Commissioner,  and 


11 

a  Commissioner  of  Cemeteries  and  Public  Grounds,  for  the  term 
of  three  years  each,  all  without  confirmation,  and  the  following 
for  the  term  of  three  years  subject  to  confirmation  by  the  Board 
of  Aldermen  ;  a  Board  of  Health  to  consist  of  three  members, 
one  to  be  appointed  each  year  for  said  term ;  a  Police  and  Fire 
Department  Examining  Board  to  consist  of  three  members  one 
to  be  appointed  each  year  for  said  term,  who  shall  exercise  the 
powers  conferred  upon  the  Police  Examining  Board  of  the  City 
of  Portland  by  an  act  entitled  "An  Act  regulating  the  appoint- 
ment of  members  of  the  Police  Force  of  the  City  of  Portland, 
approved  March  4,  1885,  and  acts  additional  thereto  and  amen- 
datory thereof;  a  Board  of  Trustees  of  Evergreen  Cemetery 
to  consist  of  three  members  one  to  be  appointed  each  year  for 
said  term ;  a  Board  of  Back  Cove  and  Fore  River  Commission- 
ers to  consist  of  three  members  one  to  be  appointed  each  year 
for  said  term  ;  and  a  Board  of  Water  Commissioners  to  consist 
of  three  members  one  to  be  appointed  each  year  for  said  term, 
who  shall  exercise  the  powers  conferred  upon  said  Boards  by  law. 

The  Mayor  shall  appoint,  with  the  consent  of  the  Board  of 
Aldermen,  all  other  officers  required  for  the  government  of  said 
city  for  whose  appointment  no  other  method  is  provided  by 
city  ordinance  or  the  laws  of  the  state,  and  not  provided  for  by 
this  act;  and  shall  appoint,  in  the  same  manner  in  which  the 
original  appointment  is  made,  an  officer  to  fill  any  vacancy 
occurring  in  any  of  the  aforesaid  offices  to  serve  for  the  re- 
mainder of  an  unexpired  term.  All  officers  appointed  by  the 
Mayor  shall  be  citizens  of  Portland 

Sect.  15.  No  contract  made  by  any  department,  commis- 
sioner or  board  or  authorized  by  any  order,  ordinance  or 
resolution  of  the  Board  of  Aldermen  in  the  construction  of  a 
new,  or  in  the  structural  change  of,  any  building,  or  in  any 
matter  in  which  the  amount  involved  exceeds  five  hundred  dol- 
lars, shall  be  in  force  unless,  and  until,  approved  by  the  Mayor. 

Sect.  16.     The    Mayor  may    remove    any   officer,   commis-  Removal  of 
sinner,  or  member  of  a  Board,  appointed  by  the  Mayor  as  afore- 
said, for  such  cause  as  he  shall  deem  sufficient,  and  shall  assign 
in  writing  in  his  order  for  removal ;  and  said  order  for  removal 


12 


Organization 
of  the  Board 
of  Aldermen. 


Chairman  of 
the  Board  of 
Aldermen. 


Veto  Power  of 
the  Mayor. 


shall  be  filed  with  the  City  Clerk  and  be  open  to  public 
inspection. 

Sect.  17.  The  Mayor,  or  Mayor  elect,  the  Aldermen,  and 
the  Aldermen  elect,  shall  on  the  first  Monday  of  January,  at 
ten  o'clock  in  the  forenoon,  meet  in  convention,  when  the 
oath  or  affirmation  required  by  the  second  section  of  this  act 
shall  be  administered  to  the  Mayor,  if  newly  elected,  and  the 
Aldermen  elect,  by  the  City  Clerk  or  any  justice  of  the  peace. 
The  Board  of  Aldermen  shall,  by  ordinance,  determine  the 
time  of  holding  stated  or  regular  meetings  of  the  Board,  and 
shall  also,  in  like  manner,  determine  the  manner  of  calling 
•  special  meetings,  and  the  person  by  whom  they  shall  be  called ; 
but  until  otherwise  provided  by  ordinance,  special  meetings 
shall  be  called  by  the  Mayor  by  causing  a  notification  to  be  left 
at  the  usual  residence,  or  place  of  business,  of  each  member  of 
the  Board.  A  majority  of  all  the  members  of  the  Board  of 
Aldermen  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  less  number  may  meet  and  adjourn  from  time 
to  time. 

Sect.  18.  After  the  qualification  of  the  members  of  the 
Board  of  Mayor  and  Aldermen  newly  elected,  said  Board,  the 
Mayor  presiding,  shall  proceed  to  choose  a  permanent  Chairman 
for  the  ensuing  municipal  year  who,  in  the  absence  of  the  Mayor, 
shallpreside  at  all  meetings  of  the  Board,  and  in  case  of  any 
vacancy  in  the  office  of  Mayor,  he  shall  exercise  all  the  powers 
and  perform  all  the  duties  of  the  office  so  long  as  such  a  vacan- 
cy shall  remain ;  he  shall  continue  to  have  a  vote  in  the  Board, 
but  shall  not  have  the  veto  power.  The  Board  of  Aldermen, 
in  the  absence  of  the  Mayor  and  permanent  Chairman,  shall 
choose  a  President  pro  tempore,  who  shall  exercise  the  powers 
of  a  permanent  Chairman. 

Sect.  19.  Every  ordinance,  order,  resolution,  or  vote  passed 
by  the  Board  of  Aldermen,  except  in  case  of  election  of  officers 
by  the  Board  of  Aldermen  in  which  he  shall  have  a  casting 
vote  only,  and  excepting  rules  and  orders  of  a  parliamentary 
character,  shall  be  presented  to  the  Mayor,  and  if  he  approve 
he  shall  sign  it ;  if  not,  he  shall  return  it  with  his  objections  to 


13 

the  Board  of  Aldermen  which  shall  enter  the  objections  at 
large  upon  its  records  and  proceed  to  reconsider  it.  If  after 
such  reconsideration,  two-thirds  of  the  Board  shall  agree  to 
pass  it,  it  shall  have  the  same  effect  as  if  signed  by  the  Mayor. 
If  the  ordinance,  order,  resolution,  or  vote  shall  not  be  returned 
by  the  Mayor  at  the  next  stated  meeting  of  the  Board,  it  shall 
have  the  same  effect  as  if  he  had  signed  it. 

Sect.  20.  If  any  ordinance,  order,  resolution,  or  vote  passed 
by  the  Board  involving  the  raising,  appropriation,  or  expendi- 
ture of  money  is  presented  to  the  Mayor,  if  he  approves  of  a 
part  and  does  not  approve  of  a  part  of  the  sums  or  items 
thereof,  he  shall  so  indicate  thereon  and  thereupon  the  sums 
and  items  so  approved  shall  be  in  force,  from  the  date  of  said 
approval,  and  he  shall  return  the  same  with  his  objections  to 
the  sums  or  items  not  approved  by  him  to  the  Board  at  the 
next  stated  meeting  which  shall  enter  the  objections  at  large 
upon  its  records  and  proceed  to  reconsider  the  sums  or  items 
not  approved.  If  after  such  reconsideration,  two-thirds  of  the 
Board  shall  agree  to  pass  the  sums  or  items  not  approved,  or 
any  of  them,  said  sums  and  items  shall  be  in  force  as  if  he  had 
approved.  If  the  Mayor  shall  disapprove  a  part  of  the  sums 
or  items  of  any  such  bill  and  shall  fail  to  approve  or  disapprove 
a  part,  on  or  before  the  next  stated  meeting,  the  sums  which  he 
fails  to  approve  or  disapprove  shall  be  in  force  as  if  he  had 
approved. 

Sect.  21.  The  Mayor  may,  on  public  occasions,  by  his  order, 
forbid  the  passing,  temporarily,  of  horses,  carriages,  or  other 
vehicles,  over  or  through  such  streets  or  ways  in  said  city  as  he 
may  deem  expedient. 

Sect.  22.  The  Board  of  Aldermen  shall  have  and  exercise  powers  of  the 
all  the  powers  now  vested  in  the  City  of  Portland,  or  the  Aldermen, 
inhabitants  thereof  as  a  municipal  corporation,  or  in  the  City 
Council  of  the  City  of  Portland,  or  either  branch  thereof,  except 
as  modified  by  this  act;  shall  be  the  judge  of  the  election  and 
qualification  of  its  members  ;  may  establish,  subject  to  the  pro- 
visions of  this  act,  by  ordinance  such  departments  in  charge  of 
such  officers  to  be  appointed  by  the  Mayor  and  Aldermen  as  may 


14 

be  necessary  or  desirable  for  the  proper  government  and  admin- 
istration of  the  affairs  of  said  city  ;  shall  have  the  power  of 
confirmation  or  rejection  of  all  officers  appointed  by  the  Mayor, 
except  in  cases  where  by  this  act  authority  to  appoint  without 
confirmation  has  been  given  to  the  Mayor;  shall  annually,  in 
the  month  of  January,  elect  by  ballot  the  City  Clerk,  City 
Treasurer,  City  Auditor,  City  Messenger,  and  such  other 
officers  as  are  required  to  be  elected  by  the  ordinances  of  said 
city  or  by  the  laws  of  the  state  not  inconsistent  with  the  pro- 
visions of  this  act,  also  a  Board  of  three  Assessors,  one  for  one 
year,  one  for  two  years  and  one  for  three  years,  and  thereafter 
one  to  be  elected  each  year  for  the  term  of  three  years,  an 
Assistant  Assessor  for  each  ward,  to  serve  for  the  term  of  one 
year  from  the  first  day  of  February  then  next  ensuing  and 
until  their  successors  are  elected  and  qualified,  who  shall  per- 
form their  duties  as  directed  by  the  Board  of  Assessors. 
Vacancies  may  be  filled  for  any  unexpired  term. 

Sect.  23.  The  Board  of  Aldermen,  in  behalf  of  the  city, 
may  offer  rewards  for  the  prevention  of  crimes  or  detection  of 
criminals.  They  may  remove  all  sunken  wrecks  in  the  harbor 
or  its  entrances,  and  dispose  of  the  same  to  defray  the  expense 
of  removal,  and  may  at  the  expense  of  the  city,  cause  its  har- 
bor to  be  kept  open  and  unobstructed  by  ice.  They  may  also 
require  all  sailboats  not  under  register  or  license,  kept  for  hire 
in  said  harbor,  to  be  examined  and  licensed  for  that  purpose, 
and  to  be  furnished  with  air-tight  compartments  ;  and  may 
establish  such  regulations  respecting  such  boats  as  they  may 
deem  expedient.  They  may  also  make  and  enforce  by  penal- 
ties, regulations  respecting  the  enclosure  of  lots  abutting  on 
any  street  or  way  in  the  city,  which  may  for  want  of  such 
enclosure  be  dangerous  to  the  public ;  and  after  notice  to  the 
owners  or  lessees  of  such  lots,  may,  if  the  same  are  not  enclosed 
in  a  reasonable  time,  cause  the  same  to  be  enclosed  at  the 
expense  of  the  owners  or  lessees.  They  may  appropriate  money 
for  celebration  of  the  anniversary  of  our  national  independence 
and  other  public  celebrations. 


15 

Sect.  24.  The  Aldermen  shall  not  be  entitled  to  receive  any 
salary  or  other  compensation  during  the  term  for  which 
they  are  elected,  nor  be  eligible  to  any  office  of  profit  or 
emolument,  during  said  term,  the  salary  of  which  is  payable  by 
the  city  ;  and  all  Departments,  Boards,  Officers,  and  ( ■ommittees, 
acting  under  the  authority  of  the  city,  and  entrusted  with  the 
expenditures  of  public  money,  shall  expend  the  same  for  no 
other  purpose  than  that  for  which  it  is  appropriated,  and  shall 
be  accountable  therefor  to  the  city,  in  such  manner  as  the 
Board  of  Aldermen  may  direct. 

Sect.  25.  All  bills,  accounts  and  vouchers  of  all  Depart- 
ments, Commissions  and  Boards  charged  with  the  expenditure 
of  money  appropriated  by  the  Board  of  Alderman,  including  all  , 
bills,  accounts,  and  vouchers  of  the  School  Committee  and  Over- 
seers of  the  Poor,  shall  be  audited  and  examined  in  such  man- 
ner as  the  Board  of  Aldermen  shall  by  ordinance  determine. 

Sect.  26.  No  money  shall  be  paid  out  of  the  city  treasury  ^"„"c 
except  on  orders  drawn  and  signed  by  the  Mayor,  designating 
the  fund  or  appropriation  from  which  said  orders  are  to  be  paid, 
nor  unless  the  same  shall  be  first  granted  or  appropriated  there- 
for, by  the  Board  of  Aldermen  ;  and  the  Board  of  Aldermen 
shall  secure  a  prompt  and  just  accountability  by  requiring 
bonds  with  sufficient  penalty  and  surety  or  sureties,  from  all 
persons  entrusted  with  the  receipt,  custody,  or  kisbursement  of 
money ;  they  shall  have  the  care  and  superintendence  of  the 
city  buildings  and  the  custody  and  management  of  all  city 
property,  with  the  power  to  let  or  sell  what  may  be  legally  let 
or  sold,  and  to  purchase  and  take  in  the  name  of  the  city,  real 
and  personal  property  for  municipal  purposes  to  an  amount 
not  exceeding  two  hundred  thousand  dollars  in  addition  to  that 
now  held  by  the  city.  And  shall  as  often  as  once  a  year  cause 
to  be  published  for  the  information  of  the  inhabitants,  a  partic- 
ular account  of  receipts  and  expenditures,  and  a  schedule  of 
the  city  property. 

Sect.  27.     The  Mayor  and  Aldermen  of  the  City  of  Portland   Wi; 

befort  the 

and   any  Committee  thereof,   when  authorized   by   them,  shall   ,<oard- 

have  power  to  send  for  persons  and  papers,  and   compel  the 


16 


City  Clerk. 


Police. 


attendance  of  witnesses  at  any  meeting  of  said  Board  of 
Mayor  and  Aldermen  at  which  a  hearing  is  had  in  any  matter  of 
inquiry  regarding  alleged  dereliction  of  duty  of  any  city  officer 
or  any  person  in  the  employ  of  said  city,  or  in  any  hearing  on 
any  municipal  matter.  The  Mayor  and  the  Chairman  of  any 
Committee,  when  authorized  by  the  Board  of  Aldermen,  shall 
have  power  to  issue  summons  to  such  witnesses  as  he  shall 
require  in  such  hearings.     • 

Sect.  28.  Any  person  failing  to  comply  with  the  summons 
of  the  Mayor  shall  be  punished  by  a  fine  not  less  than  five 
dollars  nor  more  than  fifty  dollars  or  by  imprisonment  not 
more  than  thirty  days.  The  Municipal  Court  of  the  City  of 
Portland  shall  have  jurisdiction  of  such  offenses. 

Sect.  29.  The  City  Clerk  shall  be  clerk  of  the  Board  of 
Aldermen.  He  shall  perform  such  duties  as  shall  be  prescribed 
by  the  Mayor  and  Aldermen  and  shall  also  perform  all  the  duties 
and  exercise  all  the  powers  now  incumbent  on  him  by  law. 
He  shall  give  notice  in  two  or  more  of  the  papers  printed  in 
said  city,  of  the  time  and  place  of  ward  meetings ;  the 
time  of  such  meetings  when  not  fixed  by  law,  shall  be  deter- 
mined by  the  Mayor  and  Board  of  Aldermen.  In  case  of  the 
temporary  absence  of  the  City  Clerk,  the  Mayor  with  the  con- 
sent of  the  Board  of  Aldermen  may  appoint  a  City  Clerk  pro 
tempore. 

Sect.  30.  The  Board  of  Aldermen  shall  establish  by  ordi- 
nance a  Police  Department,  consisting  of  a  City  Marshal,  two 
Deputy  Marshals,  and  of  such  subordinate  officers  and  other 
members  of  the  police  force  as  it  may  prescribe.  The  power  of 
appointment  of  said  City  Marshal,  Deputy  Marshals,  subordi- 
nate officers  and  members  of  the  police  force  shall  be  vested  in 
the  Mayor  exclusively,  subject  to  the  provisions  of  an  act  en- 
titled "  An  act  regulating  the  appointment  of  the  members  of 
the  police  force  of  the  City  of  Portland,"  approved  March  4, 
1885,  and  acts  additional  thereto  and  amendatory  thereof,  ex- 
cept so  far  as  the  same  may  be  modified  by  this  act. 

The  Mayor  shall  have  power  to  remove  all  officers  and  mem- 
bers of  the  Police  Department,  except  the  City  Marshal  whom 


17 

he  may  remove  at  pleasure,  for  such  cause  as  he  shall  deem 
sufficient,  and  shall  assign  in  writing  in  his  order  for  removal ; 
and  said  order  of  removal  shall  be  filed  in  the  office  of  the  City 
Clerk  for  the  inspection  of  the  public.  The  Deputy  Marshals 
and  all  members  of  the  permanent  Police  Force,  except  the 
City  Marshal,  shall  hold  office  during  good  behavior,  subject, 
however,  to  removal  in  the  manner  above  provided.  The 
Deputy  Marshals  shall  be  appointed  by  promotion  from  mem- 
bers of  the  permanent  police  force. 

Sect.  31.     The  Fire  Department  shall  be  in  the  charge  of  a  «n 

*  "  Department. 

Fire  Commissioner  under  such  rules  and  regulations  as  the 
Board  of  Aldermen  may  by  ordinance  determine. 

All  present  officers  and  members  of  the  Fire  Department 
shall  continue  to  hold  office  for  the  full  terms  for  which  they 
were  elected  or  appointed  unless  sooner  removed  as  herein  pro- 
vided, and  all  future  appointments  of  members  of  the  Fire  De- 
partment, the  number  of  whom  shall  be  determined  by  the 
Board  of  Aldermen,  except  as  herein  otherwise  provided,  shall 
be  made  by  the  Fire  Commissioner  from  persons  certified  to 
him  by  the  Police  Examining  Board,  which  shall  hereafter  be 
known  as  the  Police  and  Fire  Department  Examining  Board, 
in  the  same  manner  that  persons  are  certified  to  the  Mayor  for 
appointment  to  the  Police  Force  of  the  city  of  Portland  under 
the  provisions  of  the  act  aforesaid  entitled,  "  An  act  regulating 
the  appointment  of  members  of  the  Police  Force  of  the  City  of 
Portland,"  approved  March  4,  1885,  and  acts  additional  thereto 
and  amendatory  thereof.  All  officers  and  members  of  the  Fire 
Department  appointed  by  the  Fire  Commissioner  under  this 
act  shall  hold  the  office  to  which  they  were  appointed  until  re- 
moved by  the  Fire  Commissioner  for  such  cause  as  he  shall 
deem  sufficient  and  assign  in  writing  in  his  order  for  removal, 
which  order  shall  be  filed  with  the  City  Clerk  for  public 
inspection. 

Sect.  32.     The  Fire  Commissioner  shall  have  sole  charge  of  a  Fire  commis- 
department,  to  be  known  as  the  Fire  Department,  and  shall  pur-  8I0ner' 
chase  and  keep  in  repair  all  apparatus  used  therefor,  including  the 
fire  alarm  telegraph  and  telephone  system  ;  shall  have  and  exer- 


18 

cise  all  the  powers  and  duties  conferred  by  statute  upon  fire  en- 
gineers, to  be  exercised  by  himself  or  by  his  subordinates  as  he 
may  direct,  shall  appoint  a  Chief  Engineer  and  not  exceeding  four 
Assistant  Engineers  and  a  City  Electrician  who  shall  be  the  su- 
perintendent of  the  fire  alarm  telegraph  and  telephone  system, 
without  their  being  certified  by  the  Police  and  Fire  Department 
Examining  Board,  and  shall  appoint  all  other  firemen  when  cer- 
tified as  provided  in  the  preceding  section  ;  shall  perform  such 
other  duties  and  have  such  other  powers  not  inconsistent  here- 
with as  the  Board  of  Aldermen  may  prescribe. 
£hie.f  Sect.  33.     Said  Chief  Engineer  shall  direct  the  work  of  the 

Engineer.  ° 

members  of  the  Fire  Department  in  case  of  fire,  act  as  the  execu- 
tive officer  of  said  Fire  Commissioner,  and  have  authority,  in 
case  of  fire,  to  establish  fire  limits  in  the  neighborhood  of  the 
building  or  buildings  in  which  a  fire  may  have  occurred  and  to 
prevent  persons  not  authorized  by  him  from  coming  within 
said  limits. 

Sect.  34.  The  Board  of  Aldermen  shall  annually  appropri- 
ate such  sums  of  money  as  it  may  deem  necessary  and  suffi- 
cient to  carry  on  the  work  of  said  Commissioner.  Such  appro- 
priation shall  be  drawn  from  the  city  treasury  in  such  manner 
as  the  Board  of  Aldermen  may  by  ordinance  direct. 

Public  works.  Sect.  35.  The  Commissioner  of  Public  Works  shall  perform 
the  duties  and  have  the  powers  prescribed  in  an  act  entitled 
"An  act  to  establish  a  Commission  of  Public  Works  in  the 
City  of  Portland,"  approved  March  8,  1895. 

cemeteries  Sect.  36.     The    Commissioner   of    Cemeteries    and    Public 

and  Public 

Grounds.  Grounds   shall  have    the  power    and  perform  the  duties  now 

vested  in  the  Commissioners  of  Cemeteries  and  Public  Grounds 
by  an  act  entitled  "  An  act  to  authorize  the  City  of  Portland 
to  appoint  Commissioners  of  Cemeteries  and  Public  Grounds," 
approved  March  5,  1885. 

Sect.  37.  No  person  or  corporation  shall  dig,  tear  up,  or  ex- 
cavate any  portion  of  the  surface  of  any  street  or  sidewalk  in 
said  city  unless  authorized  therefor,  in  writing,  by  the  Commis- 
sioner of  Public  Works  and  subject  to  such  conditions  as  he  may 
impose,  except  by  special  order  of  the  Board  of  Aldermen.     All 


19 

powers  heretofore  conferred  by  any  prior  act  of  Legislature 
contrary  to  this  section  are  hereby  repealed. 

Sect.  38.  The  Commissioner  of  Public  Works  may  on 
such  terms  and  conditions  as  he  may  think  proper,  subject, 
however,  to  such  regulations  as  the  Board  of  Aldermen 
may  prescribe,  authorize  and  empower  any  person  or 
corporation  to  place  in  any  street,  for  such  time  as  may  be 
necessary,  any  materials  for  making  or  repairing  any  street, 
sidewalk,  crosswalk,  bridge,  watercourse,  or  drain,  or  for  erect- 
ing, repairing,  or  finishing  any  building  or  fences,  or  for  laying 
or  repairing  gas  or  water  pipes,  provided  that  not  more  than 
one-half  of  the  width  of  the  street  shall  be  so  occupied.  And 
such  materials  so  placed  by  virtue  of  any  license  obtained  as 
aforesaid,  shall  not  be  considered  an  incumbrance  or  nuisance 
in  such  street ;  and  the  city  shall  not  be  liable  to  any  person 
for  any  damages  occasioned  by  such  materials. 

Sect.  39.     The  Treasurer  of  the  Citv  of  Portland  shall  also  Treasurer  and 

Collector. 

be  the  Collector  for  said  city  with  all  the  powers  of  collectors  of 
taxes  under  the  laws  of  this  state.  He  shall  be  styled  Treas- 
urer and  Collector  and  shall  give  but  one  bond,  said  bond  to  be 
approved  by  the  Mayor  and  Aldermen,  for  the  faithful  perform- 
ance of  his  duties  ;  and  may  appoint  assistants  and  deputies  as 
provided  by  law.  All  warrants  directed  to  him  by  the  asses- 
sors and  municipal  officers  shall  run  to  him  and  his  successors 
in  office,  and  shall  be  in  the  form  prescribed  by  law,  changing 
uch  parts  only  as  by  this  act  are  required  to  be  changed.  The 
method  of  keeping,  vouching  and  settling  his  accounts,  shall 
he  subject  to  such  rules  and  regulations  as  the  Board  of  Alder- 
men may  establish.  Said  Treasurer  and  Collector  shall  collect 
all  uncollected  taxes  and  assessments  in  whatever  year  assessed 
and  at  the  expiration  of  said  term  his  powers  as  Collector  shall 
wholly  cease  ;  all  sales,  distresses,  and  all  other  acts  and  proceed- 
ings, lawfully  commenced  by  him  as  such  Treasurer  and  Collec- 
tor, may  be  as  effectually  continued  and  completed  by  his  succes. 
sor  in  office  as  though  done  by  himself:  and  all  unreturned 
warrants,  which  would  otherwise  be  returnable  to  him,  shall  be 


20 

returned  to  his   successor   in    office.     These   provisions   shall 
apply  in  all  respects  to  all  uncollected  taxes  of  said  city, 
streets.  Sect.  40.     The  Board  of  Aldermen  shall  have  authority  to 

lay  out,  widen  or  otherwise  alter,  or  discontinue  any  and  all 
streets  or  public  ways  in  the  City  of  Portland,  without  petition 
therefor,  and  as  far  as  extreme  low  water  mark  ;  and  to  esti- 
mate all  damage  sustained  by  the  owners  of  land  taken  for  that 
purpose ;   but   all   locations  below  high  water   mark  shall    be 
subject  to    the    provisions    of   the  laws  relating  to  the    Com- 
missioners   of   Portland  Harbor.       A    Standing    Committee  of 
the  Board  of  Aldermen  shall  be  appointed,  whose  duty  it  shall 
be  to  lay  out,  alter,  widen  or  discontinue  any  street  or  way  in 
said  city,  first  giving  notice  of  the  time  and  place  of  their  pro- 
ceeding to  all  parties  interested,  by  an  advertisement  in  two 
daily  papers  printed  in  Portland,  for  one  week  at  least  previous 
to   the  time    appointed.      The  Committee    shall  first  hear  all 
parties  interested,  and  then  determine  and  adjudge  whether  the 
public  convenience  requires  such  street  or  way  to  be  laid  out, 
altered    or  discontinued;  and  shall  make  a  written  return  of 
their  proceedings,  signed  by  a  majority  of  them,  containing  the 
bounds  and  descriptions  of  the  street  or  way,  if  laid  out  or 
altered,  and  the  names  of  the  owners  of  the  land  taken,    when 
known,  and  the  damages  allowed    therefor;  the  return  shall 
be  filed  in  the  City  Clerk's  office  at  least  seven  days  previous 
to  its  acceptance  by  the  City  Council.     The  street  or  way  shall 
not  be  altered  or  established  until  the  report  is  accepted  by  the 
Board    of   Aldermen,  and  the    report  shall   not   be   altered  or 
amended  before  its  acceptance.     A  street  or  way  shall  not  be 
discontinued  by  the  Board  of  Aldermen  except  upon  the  report 
of  said  Committee.     The  Committee  shall  estimate  and  report 
the  damages  sustained  by  the  owners  of  the  lands  adjoining  that 
portion  of  the  street  or  way  which  is  so  discontinued;  their  re- 
port shall  be  filed  with  the  City  Clerk  seven  days  at  least  before 
its  acceptance.     Any  person  aggrieved  by  the  decision  or'  judg- 
ment of  the  Board  of   Aldermen  in  establishing,  altering,  or 
discontinuing  streets,  may,  so  far  as  relates  to  damages,  appeal 


21 

therefrom  to  the  Supreme  Judicial  Court  which  Court  shall  de- 
termine the  same  by  a  committee  or  reference  under  a  rule  of 
Court,  if  the  parties  agree,  or  by  a  verdict  of  its  jury,  and  shall 
render  judgment,  and  issue  execution  for  the  damages  recovered, 
with  costs  to  the  party  prevailing  in  the  appeal.  Such  appeal  shall 
be  made  to  the  term  of  the  Supreme  Judicial  Court  which  shall 
first  be  liolden  in  the  county  of  Cumberland,  more  than  thirty 
days  from  and  after  the  day  the  street  is  finally  established, 
altered  or  discontinued,  excluding  the  day  of  commencement 
of  the  session  of  said  Court.  The  appellants  shall  serve  written 
notice  of  such  appeal  upon  the  Mayor  or  City  Clerk,  fourteen 
days  at  least  before  the  session  of  the  Court,  and  shall  at  the 
first  term  file  a  complaint  setting  forth  substantially  the  facts 
of  the  case.  On  the  trial,  exceptions  may  be  taken  to  the 
rulings  of  the  Court  as  in  other  cases.  Cotenants  who  are 
appellants,  shall  join  in  their  appeal  or  shall  not  recover  their 
costs.  If  a  street  or  way  is  discontinued  before  the  damages 
are  paid  or  recovered  for  the  land  taken,  the  land  owner  shall 
not  he  entitled  to  recover  such  damages,  but  the  Committee  in 
their  report  discontinuing  the  same  shall  estimate  and  include 
all  the  damages  sustained  by  the  land  owner,  including  those 
caused  by  the  original  location  of  the  streets,  subject  to  an 
appeal  as  aforesaid,  and  in  such  cases,  if  an  appeal  has  been 
regularly  taken,  the  appellant  in  the  original  appeal  shall  recover 
his  costs.  The  city  shall  not  be  compelled  to  construct  or  open 
any  street  or  way  thus  hereafter  established,  until  in  the 
opinion  of  the  Board  of  Aldermen  the  public  good  requires  it 
to  be  done ;  nor  shall  the  city  interfere  with  the  possession  of 
the  land  so  taken  by  removing  therefrom  materials,  or  other- 
wise until  they  decide  to  open  and  construct  said  street.  The 
Board  of  Aldermen  may  regulate  the  height  and  width  of  side- 
walks in  any  public  square,  places,  streets,  lanes,  or  alleys  in 
said  city  ;  and  may  authorize  posts  and  trees  to  be  placed  along 
the  edge  of  said  sidewalks.  Nor  shall  the  city  be  answerable 
for  damages  occasioned  by  telegraph  poles  and  wires  erected 
in  its  streets. 


22 

Sect.  41.     The  existing  laws  of  the  state  relating  to  drains 
and  sewers  and  sidewalks  including  those  in  the  charter  exist- 
ing before  the  adoption  of  this  act  shall  continue  in  force.1 
Evergreen  Sect.     42.     The  City  of  Portland  may  ordain  reasonable  by- 

Cemetery.  j  j  j 

laws  and  regulations  for  the  government  of  Evergreen  Ceme- 
tery, and  shall  have  full  power  and  authority  to  impose  and 
enforce  penalties  for  the  breach  thereof,  and  for  the  punishment 
of  offenses  committed  in  said  Cemetery.  All  by-laws  and  regu- 
lations heretofore  ordained  by  said  City  of  Portland  for  the 
government  of  Evergreen  Cemetery  are,  and  shall  be,  valid  and 
in  force  ;  and  all  penalties  imposed  under  the  same,  and  for  the 
breach  of  the  same,  and  for  punishment  of  offenses  committed 
in  said  Cemetery,  shall  be  enforced. 

Sect.  43.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed.  Provided,  however,  the  repeal  of  the 
said  acts  shall  not  affect  any  act  done,  or  any  act  accruing,  or 
accrued,  or  established,  or  any  suit  or  proceeding  had  or  com- 
menced in  any  civil  or  criminal  case  before  the  time  when  such 
repeal  shall  take  effect,  and  that  no  offense  committed,  and  no 
penalty  or  forfeiture  incurred,  under  the  acts  hereby  repealed, 
and  before  the  time  when  such  repeal  shall  take  effect,  shall  be 
affected  by  the  repeal.  And  provided,  also,  that  all  persons 
who,  at  the  time  the  said  repeal  shall  take  effect,  shall  hold  any 
office  under  the  said  acts  or  ordinances  of  the  city  shall  con- 
tinue to  hold  the  same  until  others  are  elected  and  qualified  in 
their  stead  as  provided  in  this  act.  And  provided,  also,  that 
all  acts  of  Legislature  relating  to  the  City  of  Portland  and 
the  ordinances,  rules  and  regulations  of  the  City  of  Portland, 
which  shall  be  in  force  at  the  time  when  the  said  repeal  shall 
take  effect,  and  not  inconsistent  with  this  act,  shall  continue 
in  force  until  the  same  are  repealed.  No  act  which  has  been 
heretofore  repealed  shall  be  revived  by  the  repeal  of  the  above 
acts. 

1  These  laws  are  omitted  from  tins  draft  on  account  of  their  length, 
but  it  may  be  deemed  advisable  to  incorporate  them  in  the  draft  to  be 
presented  to  the  Legislature. 


23 

Sect.  44.  This  act  shall  be  void  unless  the  inhabitants  of 
the  City  of  Portland,  at  legal  ward  meetings  called  for  that 
purpose,  by  a  written  vote,  determine  to  adopt  the  same  ;  and 
the  qualified  voters  of  the  city  shall  be  called  upon  to  give  in 
their  votes  upon  the  acceptance  of  this  act,  at  meetings  in  the 
several  wards,  duly  called  by  the  Mayor  and  Aldermen,  to  be 
held  on  the  day  of  the  next  municipal  election,  those  favoring 
the  adoption  thereof  voting  «/e«,  and  those  opposed  voting,  no  ; 
and  thereupon  the  same  proceedings  shall  be  had  respecting  the 
sorting,  counting,  declaring,  and  recording  the  returns  of  said 
votes  as  is  herein  provided  at  the  election  of  Mayor ;  and  the 
Board  of  Mayor  and  Aldermen  shall  within  three  days  meet  to- 
gether and  compare  the  returns  of  the  ward  officers  ;  and  if  it  ap- 
pear that  a  majority  of  all  the  votes  given  on  the  question  of  its 
acceptance  are  in  favor  thereof,  the  Mayor  shall  forthwith  make 
proclamation  of  the  fact,  and  thereupon  this  act  shall  take 
effect.  And  in  case  this  act  is  so  adopted  and  takes  effect,  the 
terms  of  office  of  all  city  officers  shall  expire  on  the  appoint- 
ment or  election  and  qualification  of  their  successors  as  provided 
in  this  act. 


Gaylaniount 
Pamphlet 
Binder 
Gaylord  Bro».   !««• 

Stockton,  Calif. 
T.M.B«rU.«.P««-01T- 


M19491 

0S\3\S 


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